Indigenous, Indian, and Aboriginal Law Commons^™

Integrating Doctrine And Diversity Speaker Series: Integrating Content On American Indian Law And Indigenous Identities, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

The Youth Inferno: Two-Way Working On Ancestral Lands, Pamela Nathan

New England Journal of Public Policy

In this article I present some of the work of Creating a Safe and Supportive Environment (CASSE) in Central Australia, Northern Territory, with the youth in the justice system, referring to our dual cultural and therapeutic program Shields for Living, Tools for Life. Psychoanalytic concepts and tools that have informed the work and transformed the trauma landscape are detailed. The work is at the epicenter of anger, concern, and politics in Central Australia and this epicenter has been named the “youth crisis.” It is a journey of feeling the heat, of being on a rollercoaster ride in a landscape of …

Ma'ii And Nanaboozhoo Fistfight In Heaven, Tamera Begay, Matthew Fletcher

Articles

In the form of a cute, cuddly, and innocent waabooz, Nanaboozhoo munched on the chewy, bitter Tłohdá’ákáłiitsoh he found everywhere in this⁣ land, far from his own. Although, it was a bit dry. In this land, Dinétah,⁣ Nanaboozhoo thought he could see forever. There were few trees. The sky⁣ was bright blue and limitless. The air smelled like a kind of dirt he had never⁣ experienced. And, boy howdy, was it dry. He couldn’t smell water for the⁣ life of him. But there was water, to be sure, or else there wouldn’t be this⁣ bush.

Ley N° 26.160: Su Implementación Y Efectos En La Lucha Por La Recuperación Territorial Mapuche En Las Provincias De Neuquén Y Río Negro (2006 - Presente), Noura Lamb

Independent Study Project (ISP) Collection

En 2006, la Ley de Emergencia Indígena, Ley N° 26.160, fue aprobado por el Congreso de la Nación de Argentina para detener los desalojos de las comunidades indígenas y crear relevamientos técnicos-jurídicos-catastrales a través del Instituto Nacional de Asuntos Indígenas (INAI). La implementación de esta ley ha variado entre provincias ya que depende del sistema gobierno provincial para su realización, y como resultado de la falta de finalización del relevamiento, se ha extendido 4 veces. Este proyecto utiliza un análisis de documentos públicos, informes, medios de comunicación y entrevistas personales para investigar cómo la implementación de la ley difiere entre …

Off-Reservation Treaty Hunting Rights, The Restatement, And The Stevens Treaties, Ann E. Tweedy

Washington Law Review

The underdevelopment of the law of off-reservation treaty hunting and gathering poses challenges for treatises like the groundbreaking Restatement of the Law of American Indians (“Restatement”). With particular attention to sections 83 and 6 of the Restatement, this Article explores those challenges and offers some solutions for dealing with them in subsequent editions of the Restatement. Specifically, this Article explores the potential usefulness of historical law in interpreting treaties, the need to tie treaty interpretation to the language of the treaty when an explicit right is at issue, the proper application of the reserved rights doctrine and the Indian canons, …

Protection For Indian Sacred Sites, William A. Fletcher

Washington Law Review

No abstract provided.

Bringing Congress And Indians Back Into Federal Indian Law: The Restatement Of The Law Of American Indians, Kirsten Matoy Carlson

Washington Law Review

Congress and Native Nations have renegotiated the federal-tribal relationship in the past fifty years. The courts, however, have failed to keep up with Congress and recognize this modern federal-tribal relationship. As a result, scholars, judges, and practitioners often characterize federal Indian law as incoherent and inconsistent. This Article argues that the Restatement of the Law of American Indians retells federal Indian law to close the gap between statutory and decisional law. It realigns federal Indian law with the modern federal-tribal relationship negotiated between Congress and tribal governments. Consistent with almost a half-century of congressional law and policy, the Restatement clarifies …

Why Our Stories Matter: A Perspective On The Restatement From The State Bench, Raquel Montoya-Lewis

Washington Law Review

No abstract provided.

Tribal Sovereignty And Economic Efficiency Versus The Courts, Robert J. Miller

Washington Law Review

American Indian reservations are the poorest parts of the United States, and a higher percentage of Indian families across the country live below the poverty line than any other ethnic or racial sector. Indian nations and Indian peoples also suffer from the highest unemployment rates in the country and have the highest substandard housing rates. The vast majority of the over three hundred Indian reservations and the Alaska Native villages do not have functioning economies. This lack of economic activity starves tribal governments of the tax revenues that governments need to function. In response, Indian nations create and operate business …

A Conversation Piece About Implementing Inuit Legal Orders Into The Nunatsiavut Government's Inuit Court, Elizabeth Zarpa

LLM Theses

A majority of Inuit reside above the 55th parallel in 51 communities throughout Nunatsiavut, Nunavik, Nunavut and Inuvialuit. This area is Inuit Nunangat and each of these Inuit regions has their own modern treaty. The political and legal history of the evolution of these modern treaties is under-represented within educational institutions. Breathing life into and contextualizing this history is integral when revitalizing Inuit legal orders. There is space to implement Inuit legal orders into the governing structures throughout Inuit Nunangat. This thesis highlights that published and publicly accessible Inuit stories embodies law. Law from the stories is applicable to governance …

Reflections On The Restatement Of The Law Of American Indians, Matthew L.M. Fletcher

Washington Law Review

No abstract provided.

Law Library Blog (October 2022): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

Quasi-Property No More: "Human Heritage" As A New Legal Status For The Dead, Alida B. Soileau

South Carolina Law Review

No abstract provided.

The Ascension Of Indigenous Cultural Property Law, Angela R. Riley

Michigan Law Review

Indigenous Peoples across the world are calling on nation-states to “decolonize” laws, structures, and institutions that negatively impact them. Though the claims are broad based, there is a growing global emphasis on issues pertaining to Indigenous Peoples’ cultural property and the harms of cultural appropriation, with calls for redress increasingly framed in the language of human rights. Over the last decade, Native people have actively fought to defend their cultural property. The Navajo Nation sued Urban Outfitters to stop the sale of “Navajo panties,” the Quileute Tribe sought to enjoin Nordstrom’s marketing of “Quileute Chokers,” and the descendants of Tasunke …

Hamptons Aesthetics Vs. Shinnecock Rights: How The Federal Government Is Failing To Protect Indigenous Sovereignty From State Judicial Infringement, Lindsay M. Brocki

Cardozo Journal of Equal Rights & Social Justice

The note examines the conflict between the Shinnecock Nation's sovereignty and state interference, highlighting the federal government's failure to protect indigenous sovereignty. It uses the Shinnecock Nation's legal battle over billboards as a case study to argue for stronger federal protection against state encroachment.

2022-2023 Impact Series - Native American Indian / Alaskan Native Heritage Awareness Resource Guide, Amy An

Impact Series Study Guides

Native American Indian / Alaskan Native Heritage Impact Series Resource Guide: A guide to Impact Series events and the topics of Native American Indian/ Alaskan Native Heritage Awareness.

Resurfacing Sovereignty: Who Regulates Surface Mining In Indian Country After Mcgirt?, Robin M. Rotman, Sam J. Carter

Faculty Publications

This article examines disputes over surface mining jurisdiction on the Muscogee (Creek) Nation Reservation post-McGirt and the larger implications for sovereignty and environmental justice in Indian Country that follow. Part II summarizes the history of federal, state, and tribal relations and provides an analysis of the McGirt decision and its potential impacts on natural resource issues. Part III offers an examination of jurisdictional uncertainties post-McGirt through an in-depth discussion of the Surface Mining Control and Reclamation Act and the State of Oklahoma v. United States Department of the Interior case. Drawing from the examination of surface mining regulation, Part IV …

Cultural Resources, Conquest, And Courts: How State Court Approaches To Statutory Interpretation Diminish Indigenous Cultural Resources Protections In California, Hawai‘I, And Washington, Lauren Ashley Week

Michigan Journal of Environmental & Administrative Law

Critical Race Theory identifies two of the United States’ original sins: slavery and conquest; yet, while the former is well known, the latter is simultaneously obvious and unknown, creating a disconnect between the history of violent conquest to the disparities that continue to afflict indigenous communities today. This lack of understanding and acknowledgement also permeates the federal courts—an issue extensively documented by Critical Race Theory and federal Indian law academics. Yet, limited scholarship has interrogated if and how state judicial systems may parallel the failures of federal benches. This Note examines the “hidden,” yet enduring impact of conquest by applying …

Issue Brief: Impact Assessment And Responsible Business Guidance Tools In The Extractive Sector: An Environmental Human Rights Toolbox For Government, Business, Civil Society & Indigenous Groups, Sara L. Seck, Penelope Simmons, Charlotte Connolly

Responsible Business Conduct and Impact Assessment Law

This issue brief provides an overview of the impact assessment and responsible business conduct toolbox for the extractive sector. The toolbox provides guidance on how governments, businesses, civil society, and Indigenous groups may encourage and adopt a human rights approach to impact assessment (IA). It forms part of a broader research project aimed at highlighting the interrelationship between IA laws and Responsible Business Conduct (RBC) tools, funded by the Social Sciences & Humanities Research Council (SSHRC) Knowledge Synthesis Grant: Informing Best Practices in Environmental & Impact Assessments (the “KSG”).

Law, Labour And Landscape In A Just Transition, Adrian A. Smith, Dayna Nadine Scott

Articles & Book Chapters

Taking conflicts over new solar energy projects on the agricultural landscape in the global North as its backdrop, the chapter demonstrates how work and labour (including that performed in the North by workers from the global South) are erased both by the opponents and the proponents of such projects. The erasure is consistent with prevailing ways of knowing the human-environment nexus, shaped by an underlying political economy derivative of how international law has constructed and maintained the foundational liberal mythology that separates labour from land. Grounded in our commitment to pursuing a ‘just transition’ to decarbonisation – that is to …

Mad Plume V. Mad Plume, 22-Ap-08 (Blkft. Tr. Ct. App., Aug. 31, 2022), Blackfeet Appellate Court

Court Decisions

In the Blackfeet Tribal Court of Appeals, the Court considered an appeal concerning the award of the family home in Blackfeet Tribal Court, disputing the proper successor in Death to the property, located on the Blackfeet Indian Reservation. The legal decedent owner of the home passed away in 2013, and legally conveyed the home by gift deed to the Appellant. The respondent produced a subsequent, unnotarized document purporting to dispute the prior conveyance. The court rejected the second document, awarding the home to the appellant. The Court clarified that the respondent failed to produce sufficient documentation to sustain her burden …

Haaland V. Brackeen, Et Al.: Brief Of Indian Law Professors As Amici Curiae In Support Of Federal And Tribal Defendants, Matthew L.M. Fletcher

Appellate Briefs

Amici are professors and scholars of federal Indian law whose scholarship and clinical practice focus on the subject matter areas of Indian law, tribal powers, and federal- and state-court jurisdiction. Amici possess expertise in this area and an interest in ensuring that cases concerning these issues are decided consistently with the text of the United States Constitution, foundational principles in this area of law, and the express intent of Congress. Amici respectfully submit this brief to provide the Court history and context behind the Constitution’s use of Indian status classifications and the inherently political determinations that the legislative and executive …

Haaland V. Brackeen, Et Al.: Brief Of Amici Curiae Administrative Law And Constitutional Law Professors In Support Of Deb Haaland, Secretary Of The Interior, Et Al., And Cherokee Nation, Et Al., Leah Litman, Daniel T. Deacon

Appellate Briefs

Amici curiae are professors of administrative law, constitutional law, and related public law subjects at institutions around the United States. They have extensive experience studying and teaching the text, history, and structure of the Constitution, as well Supreme Court decisions relating to Congress’s legislative powers and the supremacy of federal law. Their legal expertise thus bears directly on the constitutional issues in this case. Amici share an interest in the proper application of constitutional limits on Congress’s authority to enact supreme federal law and state courts’ obligations to decide properly presented federal questions.<\p>

The Indian Child Welfare Act (ICWA or …

Zaagtoonaa Nibi (We Love The Water): Anishinaabe Community-Led Research On Water Governance And Protection, Nicole Latulippe, Deborah Mcgregor

Articles & Book Chapters

This paper presents Indigenous community-led, collaborative, and community-engaged water governance research with a First Nations community in the Georgian Bay and Lake Huron region in northeastern Ontario, Canada. The methodology draws on Indigenous approaches to understanding and developing knowledge and is designed to build community capacity in research and in water protection and governance. This approach recognizes existing community strengths, including traditional knowledge, experiences, perspectives, and associated cultural perspectives and values, laws, responsibilities and lived experience in relation to water. Results identify and contextualize community-held responsibilities and legal principles pertaining to water that support culturally relevant water governance and strategic …

Eli-Tpitahatomek Tpaskuwakonol Waponahkik (How We, Native People, Reflect On The Law In The Dawnland), Michael-Corey F. Hinton, Erick J. Giles

Maine Law Review

Multiple nations within the Wabanaki Confederacy, including the Maliseet Nation, Mi’kmaq Nation, Passamaquoddy Tribe, and Penobscot Nation, were signatories to the July 19, 1776 Treaty of Watertown, which was the first ever treaty entered into by the United States of America following the Declaration of Independence. Following the Treaty of Watertown, Wabanaki warriors served directly under General George Washington and made critical contributions in support of the Americans’ Revolutionary War. Such contributions were made based on the Americans’ promise that the Wabanaki Nations’ lands, natural resources, and traditional ways of life would be forever protected by the fledgling United States. …

Book Review: Creating Indigenous Property: Power, Rights, And Relationships, F. Tim Knight

Librarian Publications & Presentations

No abstract provided.

Tribal Labor And Employment Law: The Evolution Of The Navajo Preference In Employment Act, Paul Spruhan

Faculty Scholarship

For nearly 40 years, the Navajo Nation (“Nation”) has regulated labor and employment (except for occupational safety and worker’s compensation) through one statute, the Navajo Preference in Employment Act (NPEA). Despite its seemingly narrow title, the NPEA is a comprehensive law on the subject. First passed in 1985, it has gone through general and specific revisions to reflect tribal leaders’ views on the balance between the interests of employees and employers, both within and outside the tribal government. In its own right, the NPEA is an important manifestation of a Navajo-specific view of labor and employment that every attorney practicing …

Oklahoma V. Castro-Huerta, United States Supreme Court, Brett Kavanaugh

US Government Documents Related to Indigenous Nations

This United States (US) Supreme Court decision, argued April 27, 2022 and decided June 29, 2022 expanded the reach of state jurisdiction to allow for prosecution of crimes that occur on Indigenous land, regardless of whether or not a state is named as having such jurisdiction under US Public Law 280. In 2020, the US Supreme Court's decision on McGirt v. Oklahoma established that much of the eastern part of the state of Oklahoma is Indigenous land and therefore falls under either tribal jurisdiction or Federal jurisdiction. In 2015 Victor Manuel Castro-Huerta was charged and convicted of child neglect by …

Treaty-Based Climate Change Claims: Litigation Pathways In The Face Of Cultural Devastation, Kirsten D. Gerbatsch

Public Land & Resources Law Review

No abstract provided.

Do It For The Kids: Protecting Future Generations From Climate Change Impacts And Future Pandemics In Maryland Using An Environmental Rights Amendment, Johanna Adashek

Public Land & Resources Law Review

No abstract provided.